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Dying Without a Will

C.R.S. 15-11-102 — the spouse takes everything, or a set first share and part of the rest

Who survivesThe surviving spouse takes
Who survivesNo descendant or parent, or only descendants shared with the spouse who has no othersThe surviving spouse takesThe entire estate
Who survivesNo descendant, but a parentThe surviving spouse takesThe first three hundred thousand dollars, and three-fourths of the rest
Who survivesShared descendants, and the spouse has a descendant who is not the decedent'sThe surviving spouse takesThe first two hundred twenty-five thousand dollars, and one-half of the rest
Who survivesA descendant of the decedent who is not the spouse'sThe surviving spouse takesThe first one hundred fifty thousand dollars, and one-half of the rest
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Who handles this in Colorado: legal aid programs and the state offices, listed in the Colorado directory.

The dollar amounts move each year with the cost of living. Whatever does not pass to the spouse, or a designated beneficiary, goes to the other heirs in the order the next section sets.

  • C.R.S. 15-11-102
  • C.R.S. 15-11-103
Sources for this section (2)
  1. C.R.S. 15-11-102 — Share of spouse
  2. C.R.S. 15-11-103 — Share of heirs other than surviving spouse and designated beneficiary - definitions

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Colorado attorney.

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Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.